2016-08-15 General Committee Agenda

Page 61 of 61

MEMORANDUM OF UNDERSTANDING                                                                             a
                                                                                                rei([=
                                                                                                  Queensland

10.   Other legal obligations

      (a)  Without limiting clause 1, the parties have no legally binding obligations with respect to the
           subject matter of this MOU.
      (b)  This MOU supersedes any prior statement of intention or understanding by either party.
      (c)  Nothing in this MOU constitutes any relationship of principal and agent, partnership, or joint
           ventures between the parties.
      (d)  While this MOU is not intended to bind the Parties, except to the extent any particular clause(s)
           is expressed to be binding, the law of Queensland will apply and the Prties will submit to the
           jurisdiction of the courts of Queensland and their appellate courts in respect of the clauses(s)
           expressed to be binding.
      (e)  Noosa Shire Council acknowledges and agrees that it cannot assign, transfer, sub-contract or
           novate in whole or part or create any interest over or otherwise deal with this MOU.
      (f) | This MOU may be varied at any time by written agreement signed by the Parties. It will be
           sufficient evidence of any agreement to vary a schedule to the MOU if the Parties execute and
           date a document purporting to be a substitute schedule.
      No Representation
      Noosa Shire Council will not and will ensure its personnel do not represent, claim or hold out to any
      person or entity that TAFE Queensland Brisbane has guaranteed the perfomrance of this MOU or the
      Services.
      Resolution of Disputes
      For the purpose of this clause, a dispute will have arisen when either Party notifies the other Party to
      that effect.
      The Parties agree to settle any dispute arising under this MOU by negotiation or mediation.
      Any dispute will be referred to the Parties’dispute resolution representatives nominated in this MOU
      or other persons the Parties may notify to each other in writing from time to time.

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